A. Setting Of Hearing: When the zoning official determines that a development permit application is complete and that a public hearing is required by these regulations, the zoning official shall consult with the city clerk and shall select a place, date and a time certain for the required hearing, and shall cause notice of such hearing to be prepared and made pursuant to section 9-4-2 of this chapter.
B. Purpose Of Hearing: The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application, and to rebut evidence presented by others.
C. Conduct Of Hearing:
1. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Each person who appears at a public hearing shall state, for the record, his or her name, address, and if appearing on behalf of an organization, the name and mailing address of the organization.
2. The body conducting the hearing shall exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. At the chairperson's discretion, any person appearing as a witness may ask relevant questions of other persons appearing as witnesses, but shall do so only through the chairperson of the body conducting the hearing. At any point, members of the body conducting the hearing may ask questions of the applicant, staff or public. The order of proceedings shall be as follows:
a. The zoning official or appropriate staff member shall present a description of the proposed development and a written or oral recommendation, if required. The recommendation shall address each factor required by these regulations to be considered prior to action or approval on the development permit. Unless otherwise specified by these regulations, the written recommendation shall be made available to the applicant at least five (5) business days prior to the hearing upon the applicant's request;
b. The applicant shall present any information that the applicant deems appropriate;
c. Public testimony shall be heard first in favor of the proposal, then in opposition to it;
d. The zoning official or other staff member may respond to any statement made by the applicant or any public comment;
e. The applicant may respond to any testimony or evidence presented by the staff or public; and
f. The body conducting the hearing shall close the public portion of the hearing and conduct deliberations.
D. Record Of Proceedings:
1. The body conducting the hearing shall record the proceedings by any appropriate means and according to such procedures as the city council may, from time to time, prescribe by rule. Such record shall be provided at the request of any person upon application to the city clerk and payment of a fee set by the city council to cover the cost of duplication of the audio record or tape or preparation of the transcribed record.
2. The tapes of all proceedings, including testimony and statements of personal opinions, the minutes of the secretary, all applications, exhibits and papers submitted, all staff and advisory body or commission reports and recommendations, and the decision and report(s) of the body before which the hearing is heard shall constitute the record.
3. All such records shall be public records, open for inspection at reasonable times and upon reasonable notice.
E. Continuance Of Proceedings:
1. Any applicant or authorized agent of an applicant shall have the right to one continuance before the planning commission, zoning board of adjustment or city council; provided, that a written request is filed with the city clerk at least five (5) business days prior to the date of the scheduled hearing unless unusual circumstances exist.
2. An applicant requesting a continuance shall make reasonable efforts, through personal notice, to notify all persons previously advised of the application and hearing that a continuance has been requested. The applicant (at his/her cost) shall also cause written notice of the rescheduled public hearing date to be sent to surrounding property owners in the same manner and in accordance with the same time schedule as for the original meeting.
3. The planning commission, zoning board of adjustment or city council may grant a continuance at any time for good cause shown. All motions to grant a continuance shall state the date on which the matter is to be heard. A majority vote of those members in attendance shall be required to grant a continuance.
a. The record shall indicate the reason such continuance was made and any stipulations or conditions placed upon the continuance.
b. If the planning commission, zoning board of adjustment or city council continues a public hearing on its own motion, it may direct the city clerk or appropriate department to renotify property owners within five hundred feet (500') of the subject property, if such notice was required in the first instance.
c. If the continuance of a public hearing is made at the request of an applicant, the planning commission, zoning board of adjustment or city council may direct the applicant to renotify property owners within five hundred feet (500') of the subject property, if such notice was required in the first instance.
d. Renotification shall be made by first class United States mail, postage prepaid.
e. Where an applicant is required to renotify property owners, the applicant shall submit an affidavit to the zoning official indicating that such renotification has actually occurred at least two (2) business days prior to the continued hearing.
F. Additional Rules: Where appropriate, additional rules governing the public hearing may be applicable, including, but not limited to, other provisions of this code applicable to the body conducting the hearing and any of the body's adopted rules or procedures as long as the same are not in conflict with these regulations. The body conducting the hearing may adopt rules of procedure to limit the number of applications for development approval which may be considered per meeting and to limit the time for each presentation or each speaker. (Ord. 172, 9-24-1996, eff. 10-31-1996)